Charter court rules three referendums required for constitutional amendment

The Constitutional Court ruled on Wednesday (September 10), by a majority of 5 to 2, that under the 2017 Constitution, Parliament has the authority to initiate or express the desire to draft a new constitution.

However, this must be followed by a public referendum to obtain the people's approval first.

The drafting of a new constitution must adhere to the provisions outlined in Chapter 15, concerning constitutional amendments. Parliament has the power to amend the constitution, but it cannot allow the public to directly elect the drafters of the constitution.

This case arose from the Speaker of the House submitting a motion from members of Parliament during a joint session on March 17, 2025, to consider the urgent proposal by Dr Premsak Pheyura, a senator, and Wisut Chaiyanun, a Member of Parliament, for the Parliament to initiate the drafting of a new constitution and to seek a ruling from the Constitutional Court.

Frequency of Referendums

The majority of judges, 6 to 1, ruled that the process of drafting a new constitution should involve three referendums:

1. The first referendum – to ask the public whether a new constitution should be drafted.
2. The second referendum – to ask the public about the approach and key content of the new constitution draft.
3. The third referendum – to approve the final draft of the new constitution after it has been prepared by Parliament.

The first and second referendums may be combined into one.

The dissenting opinion, held by one judge, argued that only two referendums should be held: the first and the third.

The Constitutional Court panel consisted of 7 judges, as Udom Rathamarit withdrew from the case due to his previous role as a member of the Constitution Drafting Committee, and Panya Udchachon was disqualified from his judicial position due to the expiration of his term.